The statute of limitations for filing a workers’ compensation claim in the US varies from state to state and between different types of injuries. There are certain circumstances in which an injured worker will be able to bring a claim after the statutory deadline has expired, such as when two statutes of limitations have been completed consecutively. Any worker who thinks they may have a claim should speak with an attorney to determine whether their injury was/is covered by workers’ compensation or other forms of legal protection. Suppose you have a workers’ compensation case. In that case, Phoenix Workers’ Compensation Attorneys can help you understand the statute of limitations and file a claim to help you get compensation for any damages.
What Is the Federal Workers’ Compensation Statute of Limitations?
The federal statute of limitations for a workers’ compensation claim is two years from the date on which the injury occurred. This means that you must file your claim within two years of the date you were injured, even if you cannot tell that you were injured at the time. Failing to meet the deadline will result in your case being thrown out of court.
Exceptions to the Federal Statute of Limitations
Filing deadlines are extended if you have not discovered that you have a workers’ compensation claim until after the expiration of the two years. If, for example, you were injured in an accident but did not know until three months later that your injury is work-related, your filing deadline will be extended to three months after you discover the connection between your accident and your injury.
Other exceptions include:
- If you or your legal representative did not demand workers’ compensation benefits within the appropriate period, your claim would be barred.
- Your employer did not provide you with the proper notice of your right to file a claim before the statutory deadline.
- You did not receive this paperwork because your employer did not give it to you.
How Do You File a Workers’ Compensation Claim In Arizona?
First and foremost, you must understand that any injuries suffered on the job–regardless of the cause–are covered by workers’ compensation insurance unless it is a willful act on your part. If you are unsure what counts as a deliberate act, it is best to speak with an attorney who can determine this for you.
Next, you must notify your employer of your injury within ninety days. This notice does not need to be formal; however, e-mail or text messages are not acceptable notification forms. While sending a letter is typically the most effective way of filing the initial claim, it is not always the most convenient.
Be aware that if you do not give your employer notice within ninety days of being injured, you will have to show up in court, later on to prove that the injury occurred while working. If there are any conflicts regarding whether or not you gave the required notice, the date you did so will hold more weight than the date you were injured.
If you cannot file your claim directly with your employer, it can be filed by an attorney or a qualified third party.
In summary, the federal workers’ compensation statute of limitations is two years. However, you can get a deadline extension if you have not discovered you have a claim until after the deadline. To file a claim, you should understand the circumstance you qualify to file a claim. You or your attorney can then notify your employer within 90 days.
If you have been injured at work, you must seek the help of an experienced workers compensation attorney.